Idaho Supreme Court - Civil Decisions 2018

Justia Opinion Summary: Kiki Leslie Tidwell appealed an Idaho Public Utility Commission order denying her request for intervenor funding. The underlying administrative proceeding involved an application by the Idaho Power Company for a…

Justia Opinion Summary: This case was brought by the North Idaho Building Contractors Association, Termac Construction, Inc., and other class members (collectively, “NIBCA”), to declare a sewer connection/capitalization fee the City of Hayden…

Justia Opinion Summary: Nearly two years after their car was rear-ended by the Guthmillers, the Crawfords filed a complaint seeking to recover against the Guthmillers. In the six months following the filing of the complaint, the Crawfords…

Justia Opinion Summary: Jane Doe (“Mother”) appealed a magistrate court’s termination of her parental rights to her minor children, Jane Doe II (“T.T.”) and John Doe II (“D.T.”). The magistrate court found: (1) Mother had neglected her…

Justia Opinion Summary: Darin Bergeman appeals the district court’s dismissal of his action against Select Portfolio Servicing, Inc. (SPS) and Mohamed Elabed. This case arose from disposition of a home and acreage owned by Bergeman’s mother,…

Justia Opinion Summary: A mother placed her twelve-year-old son in the care of his grandparents on a full time basis in August 2017. Three months later the father petitioned the magistrate court to modify custody to grant him residential…

Justia Opinion Summary: The family of Mrs. Francisca Gomez (the Gomezes) appealed a district court decision granting Crookham Company’s (Crookham) motion for summary judgment on all claims relating to Mrs. Gomez’s death. Crookham is a wholesale…

Justia Opinion Summary: At issue before the Idaho Supreme Court in this case was a magistrate court decision to deny a motion by Jane Doe (Mother), the biological mother of an adult, mentally-incapacitated child (Son) to set aside a decree of…

Justia Opinion Summary: Jane Doe (Mother) appealed a magistrate court judgment terminating her parental rights to her three minor children: PG, KG, and BG. Near the end of February 2017, Mother, who was thirty-five weeks pregnant with BG, went…

Justia Opinion Summary: Victoria H. Smith was nearly 100 years old when she died on September 11, 2013. During her life she married Vernon K. Smith Sr., a lawyer who died of a heart attack in 1966. Victoria and Vernon Sr. accumulated…

Justia Opinion Summary: Val Westover filed this action seeking a declaration that the existence of the Idaho Counties Risk Management Program (ICRMP) violated Idaho law. This litigation followed an earlier dispute between Westover and Jase…

Justia Opinion Summary: Dale and Kathi Lee appealed a district court’s decision granting summary judgment in favor of Willow Creek Ranch Estates No. 2 Subdivision Homeowners’ Association, Inc. (the HOA). The dispute between the Lees and the HOA…

Justia Opinion Summary: Jane Doe (Doe) appealed a magistrate court order in which protective custody of Doe’s three nieces and three nephews was awarded to the Idaho Department of Health and Welfare (Department). Following an adjudicatory…

Justia Opinion Summary: Thomas Lanham appealed the dismissal of his legal malpractice action against his former attorney, Douglas Fleenor. Fleenor represented Thomas in a will contest regarding Thomas’s father. After the magistrate court ruled…

Justia Opinion Summary: This appeal arose out of a failed golf course development project known as “The Idaho Club” undertaken by Pend Oreille Bonner Development, LLC (“POBD”). POBD took out several loans to finance the development of The Idaho…

Justia Opinion Summary: The underlying dispute in this case involved a commercial transaction between H2O Environmental, Inc. (H2O) and Farm Supply Distributors, Inc. (Farm Supply). Following a bench trial, H2O was awarded $7,354.64 for Farm…

Justia Opinion Summary: This case stems from the foreclosure and lien priority case arising out of the failed Idaho Club golf course and residential housing development project. The developer, Pend Oreille Bonner Development, LLC (“POBD”), took…

Justia Opinion Summary: This was an action arising out of a failed golf course and residential development project known as the “Idaho Club.” North Idaho Resorts, LLC (“NIR”) appealed an award of discretionary costs and costs as a matter of…

Justia Opinion Summary: This case stemmed from a dispute regarding Idaho First Bank’s (“IFB”) efforts to collect on a note secured by a deed of trust. IFB appealed a district court order granting summary judgment in favor of debtors Maj-Le and…

Justia Opinion Summary: This appeal related to a purported agreement resolving a lawsuit between Kevin Seward and Musick Auction, LLC (“Musick”). Seward claimed that the parties entered into a binding oral settlement agreement and he moved to…

Justia Opinion Summary: Jane Doe (2018-24) (“Mother”) appealed a magistrate court’s decision to terminate her parental rights over her daughter (“K.O.”) on grounds of neglect after finding it was in K.O.’s best interest. On appeal Mother…

Justia Opinion Summary: Carla Sparks appealed an Idaho Industrial Commission decision, which affirmed an Idaho Department of Labor (“IDOL”) finding that she was not entitled to unemployment benefits after being discharged by her employer, Laura…

Justia Opinion Summary: John Doe was the biological father of minor child, J.G. J.G. was conceived in Oklahoma about a month before Doe began serving a thirty-five year prison sentence. J.G. was born in 2011. Doe saw J.G. one time when she was…

Justia Opinion Summary: Phil Hart appealed a district court’s grant of summary judgment dismissing his action contesting the results of a primary election for a State legislative seat. The district court ruled Hart had failed to demonstrate…

Justia Opinion Summary: This appeal concerned the guardianship of a ten-year-old child, Jane Doe II (“Jane”), whose parents passed away in 2017. A family friend petitioned for guardianship; Jane's aunt (twin sister of her mother) also…

Justia Opinion Summary: St. Luke’s Magic Valley Regional Medical Center appealed a jury verdict awarding Rodney and Joyce Herrett $3,775,864.21 in a medical malpractice action wherein St. Luke’s admitted liability. On appeal, St. Luke’s argued…

Justia Opinion Summary: This litigation followed an earlier dispute between Val Westover and Jase Cundick, the Franklin County Assessor. That dispute came before the Idaho Supreme Court, where Westover advanced claims for slander of title and…

Justia Opinion Summary: The humans in the events giving rise to this lawsuit were related by blood or marriage: Stephen Boswell was married to Karena Boswell; Karena is Mary Steele’s daughter; Amber was Mary Steele’s granddaughter and owned a…

Justia Opinion Summary: The issue this case presented for the Idaho Supreme Court's review centered on the guardianship of a ten-year-old child, Jane Doe II (“Jane”). Both of Jane’s parents passed away in 2017. Thereafter, a family friend with…

Justia Opinion Summary: Michael Johnson suffered injuries after he slipped and fell on a liquid while walking in the housewares department of a Wal-Mart store. Johnson knew neither the source of the substance, nor how long it had been on the…

Justia Opinion Summary: Elfego Marquez illegally immigrated from Mexico to the United States. After entering the United States, Marquez went to southern California, where he purchased a social security card and used it to obtain employment…

Justia Opinion Summary: This case was the second appeal following a judicial foreclosure. Charles and Donna Nickerson initially appealed the district court’s decision to grant summary judgment in favor of PHH Mortgage and J.P. Mortgage Chase…

Justia Opinion Summary: Appellant Jennifer Eastman sought a declaratory judgment that she was entitled to underinsured motorist insurance coverage (“UIM coverage”) under her auto insurance policy (the “Policy”) with Respondent Farmers Insurance…

Justia Opinion Summary: This appeal involved an Idaho district court’s denial of a jury trial under Rule 39(b) of the Idaho Rules of Civil Procedure and the decision to pierce the corporate veil. The dispute stemmed from a transaction between…

Justia Opinion Summary: Victoria H. Smith was nearly 100 years old when she died on September 11, 2013. During her life she married Vernon K. Smith Sr., a lawyer who died of a heart attack in 1966. The couple had three children: Joseph H.…

Justia Opinion Summary: Donna Taylor appealed a district court’s judgment regarding her Series A Preferred Shares in AIA Services Corporation (AIA). In 1987, Donna received 200,000 Series A Preferred Shares in AIA as part of a divorce…

Justia Opinion Summary: The estate of Paul Robert Welch (Welch) appealed the grant of summary judgment to the estate of Barbara Sue Chitwood (Chitwood). Chitwood was murdered in August 2015, at which time a dispute arose over ownership of funds…

Justia Opinion Summary: Marya Woods (Mother) appealed the denial of her petition for modification of the custody schedule for her two minor children: H.W. (Son) and T.W. (Daughter). Both Karl Woods (Father) and Mother sought to modify the…

Justia Opinion Summary: Amelia Johnson, fka Boe (Mother), brought a permissive appeal seeking to challenge custody and support orders issued by the magistrate court in hers and Erik Boe's divorce. Mother and Father divorced in 2010 and, at that…

Justia Opinion Summary: On July 11, 2013, the Idaho Department of Labor (“IDOL”) mailed an eligibility determination for unemployment benefits (the “2013 determination”) to William Wittkopf. This determination found Wittkopf underreported his…

Justia Opinion Summary: Both of ten-year-old Jane Doe II’s parents passed away in 2017. A family friend with whom Jane and her mother had been living (“Friend”) petitioned for guardianship of Jane. Jane’s father’s twin sister (“Aunt”) also…

Justia Opinion Summary: In January 2017, a jury found that an enforceable contract bound Mike Von Jones to pay Safaris Unlimited, LLC, (Safaris) $26,040 for a 2012 big game hunt Jones went on in Zimbabwe, Africa (2012 hunt). After the jury’s…

Justia Opinion Summary: Thomas Lunneborg claimed he was entitled to $60,000 severance because he was terminated without cause. Lunneborg was hired to be Chief Operating Officer (COO) of My Fun Life Corporation (MFL) on April 16, 2014. Lunneborg…

Justia Opinion Summary: Ibrahim and Halida Ekic (the Ekics) and the estate of Aldina Ekic appealed district court decisions to grant summary judgment to Geico Indemnity Company (Geico) on their claims of breach of contract, misrepresentations…

Justia Opinion Summary: This appeal arose out of Michael and Sue Clarke’s attempted recovery of earlier financial losses sustained due to the fraudulent investment practices of Zach Latimer. After obtaining a judgment against Latimer, the…

Justia Opinion Summary: This consolidated appeal involved the validity of two judgments and their subsequent renewals obtained by Sharon Smith, n/k/a Sharon Bergmann (Sharon) against Vernon Smith (Vernon). The judgments remained unsatisfied,…

Justia Opinion Summary: At issue in this case was what constituted “good cause” for failing to timely serve a defendant in accordance with the Idaho Rules of Civil Procedure. The case began with a May 2014 auto collision in Idaho Falls…

Justia Opinion Summary: Appellants Coleman Homes, LLC, West Highlands, LLC, West Highlands Subdivision Homeowner’s Association, Inc., and West Highlands Land, LLC appealed a district court order entered in favor of the City of Middleton, Idaho.…

Justia Opinion Summary: Medical Recovery Services, LLC (“MRS”), appealed a district court decision that affirmed a magistrate court’s dismissal of an MRS complaint. MRS alleged a right to collect on a debt from Yvonne Ugaki-Hicks, who did not…

Justia Opinion Summary: Karen Savage appealed the dismissal of her Idaho Wage Claim Act (“IWCA”) action by the district court. Savage brought this action against her employer Scandit Inc. (“Scandit”) in November 2016 after Scandit failed to pay…

Justia Opinion Summary: Animal Control Officer Laurie Deus responded to a report of a vicious dog. When she arrived on scene, a black and white pit bull, later identified as “Bo,” aggressively charged anyone who got near him. Bo was declared…

Justia Opinion Summary: Dennis and Wanda Irish appealed a district court order granting a directed verdict in favor of Jeffrey and Dona Hall. The Irishes brought a defamation action against the Halls after the Halls changed their home wireless…

Justia Opinion Summary: Scott and Anne Davison appealed the grant of summary judgment in favor of DeBest Plumbing (DeBest). In 2012, the Davisons hired Gould Custom Builders, Inc. (Gould) to perform an extensive remodel of their vacation home…

Justia Opinion Summary: The City of Idaho Falls (“Idaho Falls”) appealed an order dismissing its breach of contract and waste claims against H-K Contractors, Inc. (“H-K”). In 2005, H-K entered into a written contract requiring it to convey a…

Justia Opinion Summary: L.P. and E.P. were half-siblings who lived with their maternal grandmother until her sudden death. The Department of Health & Welfare filed a petition for custody of the children under the Child Protection Act (CPA) and…

Justia Opinion Summary: Budget Truck Sales, LLC, Brek A. Pilling, Brian L. Tibbets, and Mike Tilley (the “Budget Parties”) and Kent Tilley entered into various oral agreements relating to the purchase, repair and sale of large trucks and heavy…

Justia Opinion Summary: The grant of summary judgment dismissed an action originally brought by Diane Brooks against Wal-Mart Stores, Inc., (“Wal-Mart”) based on injuries Brooks received when she slipped and fell on a puddle of water near a Rug…

Justia Opinion Summary: The Idaho Supreme Court reversed the magistrate court in an expedited appeal regarding the termination of John Doe (2017-32)'s parental rights. John Doe is the father of minor children KB and AB (the “Children”). The…

Justia Opinion Summary: This case centers on efforts to collect payment for medical services. Medical Recovery Services, LLC (“MRS”), appealed a district court decision affirming rulings of the magistrate court in favor of the patient, Jared…

Justia Opinion Summary: The district court granted summary judgment in favor of Marian Baker, Trustee of the Marian B. Baker Trust (“Baker”), for an easement over a logging road (“Alexanna Lane”) that crossed the property of KAL, LLC (“KAL”).…

Justia Opinion Summary: Petrus Family Trust and Edmond Petrus, Jr., individually and as trustee of the Petrus Family Trust (collectively, Petrus) sued Chris Kirk d/b/a Kirk Enterprises (Kirk) and several other parties for claims arising from…

Justia Opinion Summary: Appellants Glen and Cheryl Nielson (the “Nielsons”), challenged a district court’s grant of summary judgment in favor of Respondents Robert and Michele Talbot (the “Talbots”) and Paul and Saundra Parker (the “Parkers”).…

Justia Opinion Summary: Donald Frizzell (“Frizzell”) appealed the dismissal of his complaint. Frizzell and defendants Edwin and Darlene DeYoung (collectively, the “DeYoungs”), were parties to an existing trust, with Edwin serving as trustee and…

Justia Opinion Summary: Edgar and Laurie Cook owned 200 acres of property in Bonner County, Idaho. The Property included Bloom Lake, a cabin, and a campground. The Cooks allowed people to use the lake and campground without charging a fee, but…

Justia Opinion Summary: The issue this case presented for the Idaho Supreme Court’s review centered on whether and to what extent an uphill landowner could send irrigation wastewater across a downhill landowner’s property. This case began when…

Justia Opinion Summary: John Doe (Father) appealed a decision to terminate his parental rights to his minor child Jane Doe II (Child). The magistrate court terminated Father’s parental rights on a petition from Child’s Stepfather and Mother,…

Justia Opinion Summary: Ricky and Kimberly Holden appealed an order granting a water right to their neighbors Jackie and Teresa Weece. . In 1999, the Holdens constructed a well on a portion of their property (Lot 17) and obtained a licensed…

Justia Opinion Summary: John Doe (2017-27) (“the father”) and Jane Doe (2017-27) (“the mother”) appealed magistrate court judgments terminating their parental rights to their daughters (“Z.W.” and “N.W.”). The magistrate court terminated the…

Justia Opinion Summary: This case addressed whether the issuance of a tax deed extinguished a prescriptive easement across a parcel of land by operation of former Idaho Code section 63-1009. The Owens purchased a small parcel of land (“the…

Justia Opinion Summary: Charles Hartgrave appealed an Idaho Industrial Commission (the Commission) order. Hartgrave sustained injuries to his left knee while working for the City of Twin Falls (the City) on February 3, 2009, and August 23,…

Justia Opinion Summary: Gary and Glenna Eden sought to file a late notice of claim for their Water Right No. 37-864 which was not claimed during the pendency of the Snake River Basin Adjudication (“SRBA”), and therefore was decreed disallowed.…

Justia Opinion Summary: This appeal centered on a boundary dispute between neighbors. James and Marjorie Croston appealed the district court’s grant of summary judgment in favor of William and M. Ann Fischer, trustees of the William and Ann…

Justia Opinion Summary: Saint Alphonsus Regional Medical Center, Inc. (“Saint Alphonsus”) appealed the grant of summary judgment in favor of Ada County Sheriff, Gary Raney, in his official capacity; Ada County; and the Board of Ada County…

Justia Opinion Summary: Medical Recovery Services, LLC (“MRS”) appealed a district court’s judgment denying its request for postjudgment attorney fees on an appeal. The dispute arose after MRS attempted to collect a debt owed by Robert Lopez.…

Justia Opinion Summary: Jane Doe (Mother) appealed a magistrate court’s termination of her parental rights to her child, A.L. (Child). After a two-day trial, the magistrate court found termination proper on several bases of neglect and entered…

Justia Opinion Summary: Gregory Hull appealed a district court decision concerning the allocation of development costs he was required to share with Richard Giesler and Idaho Trust Deeds, LLC. This case was the second appeal arising from a…

Justia Opinion Summary: Justin Vigos appealed a district court’s decision to reverse a magistrate court’s order granting his motion for summary judgment against MFG Financial, Inc. (MFG). MFG initiated this action to recover damages from a…

Justia Opinion Summary: An employee brought claims under provisions of the Idaho Human Rights Act, claiming: (1) the employer unlawfully discriminated against him based on race. He also alleged (2) breach of employment contract and the implied…

Justia Opinion Summary: The Idaho Supreme Court answered a certified question of Idaho law from the United States District Court for the District of Idaho. The question certified centered on whether, for purposes of the dispute in this lawsuit,…

Justia Opinion Summary: This case arose out of an oral agreement between David Crossett (“Crossett”) and David Johnson (“Johnson”) to form a limited liability company (“LLC”). After Crossett formed the LLC, Johnson backed out by refusing to…

Justia Opinion Summary: This is an appeal from the district court’s grant of summary judgment against Dea Haight (“Haight”) and the dismissal of her complaint for damages and declaratory and injunctive relief. Haight alleged that the Idaho…

Justia Opinion Summary: Chad and Jane Barnes appealed a district court’s order granting summary judgment and dismissing their lawsuit against Kirk Jackson. In 2014, Barnes filed suit against Jackson seeking a declaration of forfeiture as to…

Justia Opinion Summary: Appellant Jadwiga Melton (“Jadwiga”), challenged a district court’s determination that Respondent Heinz Alt (“Heinz”), filed a timely claim against the Estate of Robert Ernest Melton (“Robert”) and Hedwig Melton…

Justia Opinion Summary: This water rights appeal stemmed from two consolidated subcases, litigated in the Snake River Basin Adjudication (SRBA). The subcases concerned the United States’ late claims (Late Claims) filed in January 2013, which…